“Because Ms. McMath is dead, practically and legally, there is no course of medical treatment to continue or discontinue; there is nothing to which the family’s consent is applicable,” the hospital said in a court filing on Tuesday.

Jahi’s family says the girl bled profusely after a tonsillectomy and then went into cardiac arrest before being declared brain dead. Despite the family’s description of the surgery as routine, the hospital said in a memorandum presented to the court Friday that the procedure was a “complicated” one.